Perspective: Kirton McConkie Law Blog

USCIS reaches Fiscal Year 2018 H-1B Cap

Employment Immigration

This morning U.S. Citizenship and Immigration Services published the announcement below. Read More

Employer Client Alert - March 2017

Employment

U.S. Citizenship and Immigration Services (“USCIS”) released an updated M-274, Handbook for Employers, Guidance for Completing Form I-9.  The new M-274 has a revision date of 1/22/17. Read More

Employer Client Alert - February 2017

Employment
On February 2, 2017, the American Immigration Lawyers Association (AILA) issued the following practice alert entitled “Automatic Extensions of EADs Under ‘High-Skilled’ Final Rule.”

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Federal Court Blocks New Overtime Rule from Taking Effect

Employment

The Fair Labor Standards Act (“FLSA”) generally requires that most employers pay nonexempt employees overtime compensation for all hours worked over 40 during a workweek.  Overtime compensation must be at least one and one-half (1½) times the employee’s regular rates of pay.  Some employees are exempt from the FLSA’s minimum wage and overtime requirements.  The FLSA specifically exempts, among others, “any employee employed in a bona fide executive, administrative, or professional capacity.”  29 U.S.C. § 213(a)(1).  These three exemptions have often been collectively referred to as the “white collar” exemptions.  Read More

DOL Issues Final Rule Increasing the Salary Threshold for the Overtime Exemptions

Employment

The Fair Labor Standards Act (“FLSA”) generally requires employers to pay non-exempt employees overtime compensation for all hours worked over 40 in a workweek.  Overtime compensation must be at least one and one-half times the employee’s regular pay rate.  Although there are many exemptions from the overtime requirements, only workers who perform certain duties and were paid at least minimum salary thresholds qualified for any of the exemptions.   Read More

Utah Passes New Law Placing Restrictions on Noncompetition Agreements

Employment

On March 9th, 2016, the Utah Legislature passed a bill, which the governor signed, substantially limiting an employer's ability to use noncompetition covenants to prevent former employees from competing against them. The new law limits the duration of noncompetition covenants entered into after May 10th, 2016 to one (1) year. According to the statue, any noncompetition covenant that violates the law, including the one-year limitation, "is void." Read More

Why do employers need employee handbooks?

Employment

Our company CEO told me not to worry about drafting an employee handbook. What can I say to change his mind and convince him it’s a good idea to have a handbook? Read More

Holiday parties: Good morale or landmine?

Employment

While a holiday party can bring a workforce together and boost morale, it can also bring legal trouble. Employer party planning must include minimizing potential legal risks in addition to the food and festivities. Read More

Conducting a pay-to-play fantasy sports league may be gambling with the law

Employment

Participation in fantasy sports has exploded in the United States in the past few years. Anyone listening to sports radio or watching ESPN will be overwhelmed by advertisements from fantasy football organizations soliciting players. Thousands have joined the fantasy football fad in particular. Many participate for cash prizes. Read More